View Full Version : sale contract

06-23-2010, 06:03 PM

If someone is selling a property privately (without an agent or solicitor) and finds a private buyer, and the buyer wants it, what is the normal procedure from this point?

Is there a standard contract that can be found on the internet that can be used for a normal sale?
Does the notary have a standard contract or is it up to the seller to organise that?
Who normally pays for the notary fee?
Should the seller ask for a deposit if the buyer wants to buy it cash and within a few weeks?

Many thanks

06-25-2010, 11:29 AM
Hi Unregistered

The process is explained in detail in the article Buying Property from a Private Seller (http://belegal.com/articles/showArticle/buying-property-private-spain). The article is from 2000, but the information it holds is still valid today.

Notary fees can be either paid by the buyer or the seller. Once you reach the notary, you will be signing the deeds; the private purchase contract is something which is signed previously. I don't recommend using a template for this purpose, as this is an important element in the conveyancing process which can determine things such as who pays the costs.

Although selling without a lawyer might seem the proper thing to do to save a few euros, it is normally not a good idea. The conveyancing process is by no means a safe transaction for the seller. You can find more information on this page http://www.lawbird.com/services/view/24/Conveyancing-for-Property-Sale . I would not recommend proceeding without a lawyer, especially if the buyer has appointed one who will fight tooth and nails for his/her client's interests.

If completion is within a few weeks, asking for a deposit might not be necessary. However, it is recommendable that you do sign the private purchase contract to avoid problems at the notary.


06-29-2010, 11:05 AM
Thanks for your informative response.